Bismarck weekly tribune., 1887-09-30
Yesterday's Proceedings.

The defense in the Baker case opened
yesterday forenoon with talk of about
twenty minutes by Mr.. Erwin, who gave
statement of what would be proven or
attempted to be proven by witnesses for
the defense. His speech ewas terse and
entertaining and listened to with much
interest by all present. He promised to
prove that Baker was not only innocent of
the charge Of poisoning Olsen, but that Oh
sen committed suicide and attempted to
kill Baker.
The most interesting testimony yet given
was that by Baker yesterday. He denied
the charge Of having poisoned Olsen and
stated that when he sent for the poison by
George Robidou he did so at the request Of
Olsen, who said he wanted to poison
wolves. On the day upon which Olsen
died he went to his (Olsen's) house, taking
with him the strychnine, some pork,
several chickens, some pie and cookies, the
pie having been made by his (Baker's)
wife. Olsen met him at the door and ex-
claimed, "Hello, you have come, have you,'
or words to that effect. He went into the
house, gave Olsen the food and the bottle
Of strychnine and went out to put his
horses in the stable. Returning to the
house he was invited by Olsen to eat, and
at his place on the table was piece of pie
and cup and saucer, but no plate He
raised the pie to his mouth and was about
to bite it when peculiar smell, like that
OF ether, attracted his attention and he
placed the pie back upon the table. He
then.asked Olsen what he had done with
the poison and Olsen replied, Il have got
it. Why don't you eat ?'' Baker said he
did not feel like eating and Olsen replied
that he would eat. Immediately after
Baker asked Olsen what he had done with
was extinguished by Olsen witness did
not know which, and he could not see Oh
sen, but heard him fumbling around the
other end of the table, evidently eating.
Baker remained in his seat a few moments,
during which time nothing was said, and
blankets on his horses. After he had gone
some distance from the door he heard o.
sen speak and looking back saw him in the
doorway. Olsen rushed out and grabbed
an axe and started for him with the threat
that he would kill him. Baker ran and
Olsen threw the axe which did not strike
went distance Of about fifty feet. Olsen
then started over the prairie shouting and
yelling as though he was mad and Baker
hitched up his team and started for Sheriff
Wade to have Olsen arrested. He found
Wade, and in company with the sheriff,
Olsen's shack. After searching around in
the snow for some time the body of Olsen
was found. face downward, in the position
heretofore described.
Baker stated further that he had
never had trouble with Olsen
with witt the exception Of one time. and that
was very small matter which engendered
no lasting feeling on the part Of Baker.
Olsen was person of quick temper and
inclined at times to be morOse and nielan-
choly. He was brother to Bakers wife
and had another sister living. Baker said
he knew nothing about the whereabout of
his wife and expressed surprise when Mr..
Erwin's remarks intimated that she had
married. another man.
At this point the Judge brought down
the gavel and refused to permit the de-
fense to follow this line of argument. Mr.
Erwin stated that he desired to prove that
Bakers wife, who is a sister of the de-
introduced to Baker as her nephew and
took with her about 81 400 of Bakers money.
He intimated that Mrs. Baker and the
nephew might have poisoned Olsen, bnt
the judge would not admit of any testi-
mOny on this point.
XN AhhHOlg SOuuuSCOu eiAC SiOco-CAu
ination, and did SO very ably. Baker is
cautious and intelligent witness, and with
stood the crOss-examination remarkably
well, with the exception of one or two in
stances when he became little enbar-
rassed.
TWO DAYS MORE. M
The jury is evidently becoming wearied,
but in case where the life and liberty Of
man are at stake, the fatigue of court or
jury is a minor consideration. The case
will not|be given to the jury before this
evening, as Baker is still on the stand and
six more witnesses are to testify. The wit
nesses to be called by the defense are NJ.
Z. Waldruff, j. II. Worst and Henry Blake.
The prosecution will recall VIM. Al
bright, and the defense will recall Wilson.
who has testified on the part of the prose-
eutiOn ' ta5 IL 3saitf.fsG